In their action against Dr Howard, it was claimed that Linda had been referred to St Joseph´s Hospital for ante natal care and – on 13 November 2001 – she had been seen by Dr Howard´s registrar. A scan was conducted and the registrar wanted to admit Linda as he had concerns over the health of her twin sons.

Dr Howard disagreed and Linda was asked to come back one week later. When she did so, a further scan showed that one of the twins had died, and James was delivered by Caesarean Section immediately. Due to the trauma that he suffered in the womb, James is unable to walk, talk or sit up unaided.

Although being under his care, the first time that Linda set eyes on Dr Howard was one day after James was born. It was alleged that neither Linda´s nor James´ conditions had been investigated, monitored, diagnosed or treated during the later stages of the pregnancy, and that James´ injuries could have been avoided with greater care.

Dr Howard admitted liability for James´ injuries and, at the High Court in Dublin, Mr Justice Kevin Cross was told that an interim settlement of compensation had been agreed in respect of the claim against the consultant obstetrician amounting to €2.75 million.

The judge approved the settlement and adjourned the claim against the consultant obstetrician for a further three years to allow for a report to be compiled for James´ future needs and for the possible introduction of a structured settlement system.